Losing a loved one at the hands of a careless individual is heartbreaking. When the person who hurt your loved one does not receive consequences because they cannot necessarily be charged with a crime, you may feel hopeless. You can hold this person accountable with a wrongful death claim in court.
What Is Wrongful Death in Law?
In Florida, wrongful death applies when the following criteria are met:
- The plaintiff must demonstrate to the court that the defendant had the duty to act with care.
- The plaintiff must show that the defendant breached this duty.
- The decedent’s cause of death was directly related to the breach of duty.
- These actions resulted in consequential damages.
If you bring a wrongful death lawsuit against someone and successfully prove the four elements listed above to the court, you may be entitled to damages.
What Can Term Something Wrongful Death in Court?
A wrongful death lawsuit is like a personal injury claim, but the victim is not the one filing the lawsuit. Those who may file wrongful death lawsuits are the surviving spouse, the decedent’s children if there is no surviving spouse or siblings of the decedent if there is no surviving spouse or children.
Some states allow many other people to file wrongful death lawsuits as well. For example, domestic partners and people financially dependent on the decedent can file this type of lawsuit if they received care and support from the decedent. In some states, parents of a deceased fetus may bring a wrongful death lawsuit against the negligent party.
How Do Wrongful Death Charges Occur?
A subject of a personal injury lawsuit may also be charged with a wrongful death lawsuit. These charges may come at the same time as the personal injury lawsuit, or they may appear at a later date. The plaintiffs in the wrongful death lawsuit will be the relatives and acquaintances of the decedent. The wrongful death lawsuit seeks to obtain monetary compensation for these individuals. Cases that typically lead to wrongful death lawsuits include the following:
Car Accidents
If a person dies in a collision with a motorist who was driving under the influence or in a traffic accident, the motorist responsible for the death does not necessarily face criminal charges. If someone dies under these circumstances, their relatives and friends may file a wrongful death lawsuit to hold the negligent party accountable.
Product Liability
People file class action lawsuits against manufacturers of defective products. If you lose a loved one due to a defective product, you are entitled to join these lawsuits to obtain compensation for your loss.
Medical Malpractice
Your relative can pass away because a medical professional or medical facility made mistakes during treatment. You may file a medical malpractice claim if you are left with unanswered questions and expensive medical bills to pay. Filing a lawsuit can get you the answers that you seek and a sum of money to pay the remaining medical bills.
Accidents in the Workplace
The employer’s duty of care is related to a safe workplace that does not contain any hazards for employees. If your loved one dies in an environment that is not safe, you may file a wrongful death lawsuit.
